NY PENAL § 265.01: Criminal Possession of a Weapon in the Fourth Degree

Possessing an Illegal Weapon, or Intending to Use a Weapon Illegally

What Is Criminal Possession of a Weapon in the Fourth Degree?

There are many aspects to this charge, but essentially, criminal possession of a weapon in the fourth degree is when someone is in possession of a weapon that is banned by New York State law, or has a weapon that they intend to use for an illegal purpose. This charge also includes explosive bullets and armor-piercing ammunition. For more info about all related charges, see New York Gun and Weapons Possession offenses.

When the Charge of Criminal Possession of a Weapon in the Fourth Degree Applies

There are two categories of weapons within this charge: “per se” weapons and weapons that depend on possessor intent. “Per se” weapons are explicitly banned by New York State’s laws, and it is always illegal to possess them. Examples of “per se” weapons include gravity knives, switchblades, metal knuckles, and Kung Fu stars. “Per se” is Latin for “of itself.” The meaning here is that these items are weapons by design, so a New York prosecutor need not demonstrate that they can inflict bodily harm.

Weapons based on intent constitute a much larger category within the charge of criminal possession of a weapon in the fourth degree. Virtually anything can be a weapon under this law, if the possessor uses or intends to use it as a weapon. An ordinary kitchen knife, for instance, is a perfectly legal instrument for one to have in the house, but if one uses it to harm or threaten someone else, then it becomes an illegal weapon.

In addition, fourth-degree criminal possession of a weapon bars people previously convicted of felonies from possessing firearms, as well as people who have been certified as being unsuitable to possess a weapon.

NY PENAL § 265.01: Criminal Possession of a Weapon in the Fourth Degree

New York law states:

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, plum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chukka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirked, or “Kung Fu star”; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or
(3) ; or
(4) He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen of the United States; or
(6) He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.
(7) He knowingly possesses a bullet containing explosive substance designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

What Can Happen to Me If I Am Charged with Criminal Possession of a Weapon in the Fourth Degree?

Criminal possession of a weapon in the fourth degree is a class A misdemeanor. It is a serious charge and can have a major impact on your life. A conviction on this charge can result in a jail term of up to a year, a fine up to $1,000, or up to three years of probation. In addition, fourth-degree criminal possession of a weapon is often charged in conjunction with other crimes, such as assault or robbery, in which the weapon was used.

What Should I Do Next?

If you are arrested in Queens, Nassau, or Suffolk County for criminal possession of a weapon in the fourth degree, you need to take it seriously and consult an experienced Long Island criminal attorney immediately. Your lawyer will know the best strategies to defend you and avoid the worst consequences of this charge, such as challenging the definition of the weapon in question or disputing the prosecution’s account of the relevant events. Remember, you have rights! Don’t try to deal with the charge yourself, and don’t talk to police or prosecutors without a lawyer present. Your lawyer has the knowledge and experience to represent you effectively.

If you have been arrested for Criminal Possession of a Weapon in the Fourth Degree in Nassau, Suffolk or Queens County, call Scott J. Limmer without delay

You can contact Scott by phone at 516-742-2300 to speak to him immediately. He is available 24 hours a day, 7 days a week, year-round and your initial consultation is free.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."